For Beggars Pizza, are SpeedLine's Professional Services and their results provided 'AS IS'?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer may retain SpeedLine to perform professional services ("Professional Services") as the parties may agree upon in writing in the form of a statement of work or other writing ("Statement of Work") signed by both parties. SpeedLine will use reasonable efforts to carry out the Professional Services stated in the Statement of Work. Unless otherwise agreed in writing, Professional Services and the results thereof are made available "AS IS." Unless otherwise agreed in writing, Professional Services are provided by SpeedLine on a time and materials basis at SpeedLine's then applicable rates and subject to such deposit or advance payment as SpeedLine may require. Invoices for Professional Services are due upon receipt of SpeedLine's invoice or as indicated on the invoice. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Statement of Work basis unless otherwise agreed in writing. The code and functionality made or provided under any such Statement of Work and all interests therein, including copyrights, shall be SpeedLine's property. Access to the results of Professional Services will be available as part of the Service during the Term unless otherwise agreed in writing.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, SpeedLine's Professional Services and their results are generally provided "AS IS." This means that Beggars Pizza franchisees are accepting these services and their outcomes in their current condition, with all faults, and without any guarantees or warranties, unless otherwise agreed upon in writing.
This "AS IS" provision has significant implications for a prospective Beggars Pizza franchisee. If a franchisee engages SpeedLine for professional services, such as software customization or system integration, they bear the risk that the services may not meet their expectations or be error-free. Beggars Pizza franchisees should carefully evaluate their needs and consider obtaining written agreements that specify performance standards or warranties to mitigate this risk.
Furthermore, the document states that SpeedLine will use reasonable efforts to carry out the Professional Services outlined in the Statement of Work. However, unless there is a written agreement to the contrary, SpeedLine provides these services on a time and materials basis at their current rates, which may require a deposit or advance payment. This arrangement means that the final cost of the services can be uncertain and may depend on the time and resources required to complete the work. Beggars Pizza franchisees should obtain detailed estimates and clearly defined Statements of Work to manage costs and expectations effectively.